DUI & Ciminal Defense Lawyers in Florida

Solicitation of a Minor

Let Our Florida Criminal Defense Attorneys Help

Florida law prosecutes crimes which target children to an extreme degree.
Soliciting a child or minor for unlawful sex is defined as using an online
service, Internet service, or electronic device to seduce, lure, solicit,
or entice a minor, or person believed to be a minor, to engage in unlawful
sexual behavior. Online solicitation is a particularly common form of
the crime and will still incur charges whether or not a minor was actually
harmed or engaged with.

If you’ve been charged with solicitation of a minor, call us immediately.
You could face severe punishments for conviction and might be registered
as a sex offender.
Contact us at (888) 497-0216 today.

Penalties

Online solicitation of a minor is typically classified as a 2nd-degree felony in the state and can lead to up to 15 years in prison, another
15 years of probation, and a $10,000 fine. If a person uses different
devices or services to contact and solicit a minor, each one will count
as a separate criminal offense. For example, if you use your phone, computer,
and tablet computer all to contact and solicit a minor, you would be facing
3 counts of solicitation of a juvenile and could get up to 45 years in prison.

A person could face additional charges for merely traveling to meet that
child. Florida Statute § 847.0135(4)(a) outlines the charge and what
the state must prove when attempting to secure a conviction: a prosecutor
must prove any person who travels a distance either “within this
state, to this state, or from this state by any means” and who attempts
to or manages to engage in other unlawful sexual conduct with a child
or with another person believed to be a child after using electronic devices,
he or she could be facing traveling charges. This crime will lead to a
sentence of at least 21 months in state prison, or longer if you have
a previous criminal offense conviction, and mandatory registration as
a sex offender.

Defenses

Entrapment

Florida law enforcement has begun using entrapment-like techniques to catch
people suspected of wishing to solicit a minor. They do this by posing
as minors, individuals who want to engage people in threesomes or group
sex with a relative under the age of 18, or people looking for similar
sexual encounters. If your attorney can prove you were induced to commit
the crime you were not otherwise predisposed to do, the case could be
dismissed for entrapment. However, the court will not be looking at the
police during the court, rather your intention and predispositions. They
might consider the following circumstances:

How long you were engaged with online interaction with a police officer

Who initiated conversations about sexual topics and activity

Whether you ever expressed reluctance to engage in explicit discussions

Extent that an undercover officer persisted in inducing or encouraging
communication of a sexual nature

Whether your travel to the area was immediate or incidental to another
planned travel

Lack of Criminal Intent

If you and your attorney can prove you lacked criminal intent in the case,
the prosecution will have no ground to stand on. Guilt relies on proof
beyond a reasonable doubt you intended to break the law. Lack of sufficient
evidence is likely to weigh in your favor in the case.

Double Jeopardy

Under federal law, you can’t be punished twice for the same conduct.
If solicitation and traveling occurred too closely together, they have
to be yoked under one heading. It may be possible to file a Motion to
Dismiss based on
Hartley v. State, which could substantially reduce your sentence.

Psychological Considerations

If you have a predisposition to a mental health issue, or you’ve
had them in the past, it is possible you may not have been entirely in
control of your actions during the event. Your criminal defense attorney
can tell whether or not an insanity defense might be prudent in your case
and may secure a psychological evaluation from a well-regarded expert for you.

Pedophilia is an exclusive sexual attraction to minors and is considered
a psychiatric personality disorder. An experienced psychiatrist may be
able to offer a diagnostic procedure that distinguishes between true pedophiles
and non-pedophilic offenders. However, the evaluator’s criteria
don't require proof any sexual activity with a minor took place, merely
establishment based on urges or fantasies.

Let Us Advocate for You

The long-term consequences of conviction are extreme. Registration as a
sex offender lasts a lifetime in the state of Florida and requires regular
check-ins and updates with your local sex offender registry. Likewise,
you may never be able to travel to some countries for vacation or business.
Also, any other sex offense you may later incur or be charged with will
likely be influenced by your previous charge, potentially worsening the
sentence. Let us offer you our help. Musca Law has more than 150 years
of legal experience to provide your case. Our
aggressive and meticulous sex crimes defense attorneys offer 24/7 availability and free case evaluations. We can investigate
the charges completely and advocate on your behalf in court.

Contact us at (888) 497-0216 or fill out our online form to get started today.

Quick Links

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

x

⚠

Your browser is out of date. To get the full experience of this website,
please update to most recent version.